S.Amdt. 1426

SA 1426. Mr. KYL submitted an amendment intended to be proposed to
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr.
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations
for the Department of Homeland Security for the fiscal year ending
September 30, 2010, and for other purposes; which was ordered to lie on
the table; as follows:

On page 10, strike line 6 and all that follows through page
11, line 22 and insert the following:

U.S. Immigration and Customs Enforcement

salaries and expenses

For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations; and
purchase and lease of up to 3,790 (2,350 for replacement
only) police-type vehicles; $5,390,100,000, of which not to
exceed $7,500,000 shall be available until expended for
conducting special operations under section 3131 of the
Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which
not to exceed $15,000 shall be for official reception and
representation expenses; of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary
of Homeland Security; of which not less than $305,000 shall
be for promotion of public awareness of the child pornography
tipline and anti-child exploitation activities; of which not
less than $5,400,000 shall be used to facilitate agreements
consistent with section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)); and of which not to
exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the
care, maintenance, and repatriation of smuggled aliens
unlawfully present in the United States: Provided, That none
of the funds made available under this heading shall be
available to compensate any employee for overtime in an
annual amount in excess of $35,000, except that the
Secretary, or the designee of the Secretary, may waive that
amount as necessary for national security purposes and in
cases of immigration emergencies: Provided further, That of
the total amount provided, $15,770,000 shall be for
activities in fiscal year 2010 to enforce laws against forced
child labor, of which not to exceed $6,000,000 shall remain
available until expended: Provided further, That of the total
amount available, not less than $1,000,000,000 shall be
available to identify aliens convicted of a crime, and who
may be deportable, and to remove them from the United States
once they are judged deportable: Provided further, That the
Secretary, or the designee of the Secretary, shall report to
the Committees on Appropriations of the Senate and the House
of Representatives, at least quarterly, on progress
implementing the preceding proviso, and the funds obligated
during that quarter to make that progress: Provided further,
That funding made available under this heading shall maintain
a level of not less than 34,400 detention beds through
September 30, 2010: Provided further, That of the total
amount provided, not less than $2,569,180,000 is for
detention and removal operations, including transportation of
unaccompanied minor aliens: Provided further, That of the
total amount provided, $6,800,000 shall remain available
until September 30, 2011, for the Visa Security Program:
Provided further, That nothing under this heading shall
prevent U.S. Immigation and Customs Enforcement from
exercising those authorities provided under immigration laws
(as defined in section 101(a)(17) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(17))) during priority
operations pertaining to aliens convicted of a crime:
Provided further, That the amount appropriated under title I
for departmental management and operations is hereby reduced
by $30,000,000.
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